HomeMy WebLinkAboutCC AG PKT 2013-07-22 #Ia
"WICA1111 • M=6
FROM: Jim Basham, Director of Community Development
SUBJECT: SECOND READING - MUNICIPAL CODE AMENDMENT
(MCA) 13-6 — REGARDING MASSAGE REGULATIONS
That the City Council waive further reading and adopt Ordinance No. 1630
regarding massage regulations.
jowl V-518t;121 W
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no Financial Impact.
T04t the City Council adopt Ordinance No. 1630 regarding massage regulations.
Basham
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Agenda Item I
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
CHAPTER 6.45 AND TITLE 11 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING MASSAGE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 5.45 of the Seal Beach Municipal Code is hereby
repealed in its entirety and amended to read as follows:
"Chapter 5.45
Massage and Massage Establishments
5/45.010 Definitions.
For the purposes of this Chapter, the following words and phrases
shall mean:
A. Chief of Police: Seal Beach Chief of Police orhis or
her designee.
B. Customer: any person on the premises ofamassage
establishment during operating hours who is not an owner,
emp|oyea, independent cnntmaobor, or vendor of the massage
establishment.
C. Director: the Goa| Beach Director of Community
Development ur his nr her designee.
D. Employee: any person who is employed by a
massage establishment.
E. Health Officer: The Orange County Health
Department officer responsible for inspecting massage
establishments in Seal Beach, ur his or her designee,
F. Massage: any method of treating the external parts of
the body for nemadia|, hem|th, or hygienic purposes. Massage
indudem, but is not limited bz, massage by means of pressure,
friction, stroking, kneading, rubbing, tapping, pounding; massage by
means of stimulating the external parts of the body with any
mechanical or electrical apparatus or appliances, or with rubbing
a|nohn|. |inimento, anUa*pdon, oi|a, powders, creams, |oUons,
ointments, or other similar preparations; and massage by means of
baths, indudinQ, but not limited to, Tudkish. Ruuuian, Swedish,
Japanese, vapor, shower, electric ormagnetic massages, alcohol
rubs, anomathecmpy, refloxo|ogy, or any other type of system for
treating or manipulating the human body with or without the
character ofabath.
G. Massage establishment: any establishment having a
fixed place of business where any person engages in, conducts, or
carries on, oroo permits, the commercial practice ofmassage.
0. Specified anatomical areas: as defined in Chapter
5.15of this Code.
i State certified massage professional: any person
certified as a Massage Practitioner or Massage Therapist pursuant
-I'
AM
to Section 4601 of the California Business &Professions Code or
any successor statute.
5/*5.020 Applicability mfChapter.
A. The provisions of this Chapter shall not apply to the
following persons when engaged within the scope of their
respective professional duties:
1. Physicians, nuq]auns, ohiropraohors,
oob»opa#hm, or physical therapists duly licensed to pnsnUoe their
respective professions in the state ofCalifornia.
2. Nurses registered under the laws of the state
of California.
3. Barbers and beauticians duly licensed under
the laws of the otohs of California. This provision shall apply solely
ho the massaging of the neck, face, scalp, and hair of the customer
or client.
4. The medical staff ofhospitals, nursing homes,
sanitariums, or other health care facilities duly licensed by the state
of California.
Ei Athletic coaches and trainers for either
accredited high schools, junior colleges, and colleges or amateur,
semi-professional or professional athletes or athletic teams.
B. The provisions of this Chapter shall apply to
independent ooni,adonx of such persons if the independent
contractor is engaged |n, or purports to be engaged in, the
commercial practice ofmassage.
5.45.030 Certification Required.
A. It is un|evWb| for any person other than a state
certified massage professional to engage in the commercial
practice ofmassage.
B. It is unlawful for any person to own, openuha, or
maintain a massage establishment unless each person engaging in
massage at the establishment is o state certified massage
professional.
C. It is unlawful for any owner or employee in charge or
control of massage establishment to employ or permit person
who is not currently o state certified rneasege p^zh»oaiuna| to
engage in the commercial practice of massage on the premises on
the massage establishment.
5,46'040 Permitted Locations for Massage.
A. It in unlawful to engage in the commercial pnychn* of
massage at any location other than a massage establishment
established and operated in accordance with the requirements of
fedena|, state, and local |mw` including but not limited Vo this Code.
B. No massage establishment shall be aatab|ished,
axpandmd, or altered in a manner that requires n building permit
without first obtaining a written determination by the Director that
the establishment complies with the requirements of this Code.
PA
Upon request of the Director, the owner moperator shall submit a
site plan depicting how the establishment will comply with this
Code.
5.45.050 Background Check Required.
A. Any person who operates massage establishment or
owns 5 percent or more ofa massage establishment and who isnot
a state certified massage professional must p000 a background
check.
B. It is unlawful to osbab|imh, openaba, or maintain any
massage establishment npanahad or owned by any person who
does not pass the background check required by this Section.
5.45.060 Background Check Application.
A. All persons required to pass o background check
must submit on application 10 the Director ono form designated by
the City, which shall include the following information:
1. The applicant's full true nmma, any other
names used; date of birth, any other date mf birth used; sex, height,
weight, color of hair, color of eyes; California Driver's License
number. or California Identification number; Social Security
number, present residence address and telephone number.
2. Two photographs of the epp|ioant, in a form
acceptable to the Chief of Po|iue, and, if required by the Chief of
Police, the applicants fingerprints.
3. The oddronn*o of applicant's naaidencmm, and
the dates of residency for each, during the prior 10years.
4. The applicant's buoinmsm, oocupaUon, and
employment history, and the dates thereof, for the prior 1Oyears.
5. The applicant's entire permit and license
hiohory, and the dates and types thereof, including any permit or
license issued for a massage establishment, massage technician or
adult business. The applicant must indicate whether any such
permit or license was revoked or suspended and, K so, the reasons
for the decision.
G. The applicant's entire record of criminal
convictions (except non-felony hoffio offenses) and ordinance
violations, and the dates and places thereof.
7. Acceptable written proof that the applicant is at
least 18 years ofage.
8. The name and address of any massage
establishment or other like establishment owned or operated by the
applicant.
B. The name and address of the owner of the real
property where the massage establishment intobalocated. If the
applicant is not the ia0a| owner of the prnpmMy, a notarized
acknowledgement from the owner of the property that o massage
establishment will be located on his or her property must also be
submitted.
N
10. A complete description of all services to be
provided at the massage establishment and mk any other business
Vobe operated bythe applicant on the same or adjoining premises.
11. If the applicant in a oorponadnn, its name
exactly asshown in its Articles of Incorporation or Charter, its state
and date of incorporation, and the names and residence addresses
of each of its current dffioers, dinectors, and any stockholders
holding more than 5 percent cf the corporation's stock.
12. If the applicant is a pednensh|p. the name and
residence addresses of each of the partners, including limited
partners. If the applicant is a limited partnership, it shall furnish a
copy of its Certificate of Limited Partnership as filed with the county
clerk. |f one or more of the partners ioa corporation, the provisions
of preceding paragraph pertaining to corporate applicants shall
apply.
13. |f the applicant ioo corporation orpartnership,
the name nfone of its officers or general partners who shall be its
responsible managing officer. Such person shall complete and sign
all forms and submit the application fee on behalf of the applicant.
The responsible managing officer must meet all requirements
applicable to the applicant.
14. Such other identification and information as
may be required by the Director to verify the information included in
the application.
15. A statement by the applicant made under the
penalty of perjury that all information submitted as part of the
application io true and correct.
B. The application must be accompanied by proof of
payment ufan application &aa in on amount established by City
Council Resolution. The application fee shall beinaddition to any
other fee or business license or tax required by this Code.
C. The applicant must notify the Director ofany change
of address or other application information occurring during orafter
the background check process.
6.45.070 Background Check Review and Approval.
A. The Director shall review all background check
applications in consultation with the Chief ofPolice. The Director
will complete all background checks within GO days ufdetermining
that the applicant has submitted all necessary information, unless
the Department of Justice da|oya the proceao, in which case the
Director shall notify the applicant that additional time ianeeded.
B. The Director shall approve the application if the
results nf the background check support all of the following findings:
1. The applicant iaatleast 18 years nf age and
possesses the requisite background and qualifications ho operate or
own a bona fide massage establishment.
2. The applicant has not violated or abetted the
violation of any provision of this Chapber, or any similar ordinance,
|aw, rule or regulation of any other public agency regarding the
operation nf massage establishments.
-4-
Ordinance Number 1630
3. The applicant has fully nuupenahad in the
background check and has not made a mohsho| misrepresentation
|n the application.
4. The applicant does not have on Adult
Entertainment Permit issued by the City or similar permit 1nanother
jurisdiction.
5. The applicant has not within 5 years
immediately preceding the date cf filing the application:
(a) Been convicted in a court of competent
jurisdiction of, nr entered a plea of guilty orno|oountendereto:
(1) Any misdemeanor or felony
offense which re|oboa directly to the operation of a massage
eytnb|inhmen1, whether on a massage establishment owner or
operator, orasa massage technician; or
(2) Any felony the commission of
which occurred nn the premises ofa massage establishment.
(b) Had any massage establishment,
opemyto/, taohn|cion, pnaodUoner, or trainee license or permit
revoked, denied orsuspended.
(c) Been convicted in o court ofcompetent
jurisdiction of, or entered a plea cf guilty orno|ocontander*to:
(1) Any violation of Penal Code §§
266(h). 266 (i). 314. 315, 316. 318, or 647(o). (b). or (d), or any
lesser included offense thereof or any other state law involving m
crime ofmoral turpitude;
(2) Conspiracy or attempt to commit
any such offense;
(3) Any offense in a jurisdiction
outside the state of California which is the equivalent o7any of the
aforesaid offenses;
(4) Any felony offense involving the
sale ofo controlled substance specified in Health and Safety Code
§§11054.11055.11050.11857.mr11058;or
(5) Any lesser-included offense of
the above.
(d) Been subjected to a permanent
injunction against the conducting or maintaining of a nuisance
pursuant to Penal Code §§ 11225 through 11235orany similar
provisions of law ina jurisdiction outside the state ofCalifornia.
(e) Bean required to register under the
provisions of Penal Code Section 280.
C. The Director shall notify the applicant in writing of the
results of the background check. An approved background check
shall bm valid for the term of2 years from the date of such notice.
In
Ordinance Number 163W
5.45.880 Background Check Renewal.
A. Any person required by this Chapter to obtain
background check approval shall submit an application for renewal
to the Director no sooner than 00 days and no |eh*r than 45 days
prior hu the expiration of the previous approval.
B. Arennwo| application must beaccompanied by proof
of payment of o renewal application fee established by Council
resolution and the information and items required for an nhQino|
application, except nu additional photographs or fingerprints will be
required if current versions of these are already on file with the City.
C. Background check nonevva| applications shall be
reviewed in the same manner and on the same terms aaanoriginal
application.
5.45'000 Background Check Revocation.
A. A previously approved or renewed background check
may be revoked if either:
1. One or more of the findings required to
approve nr renew a background check can nn longer bm made; or
2. The background check was approved or
renowad, in whole or in part. on the basis of o material
misrepresentation oromission.
B. If the Director determines that grounds for revocation
exist, he or she shall post a Notice of Revocation at the location of
all massage establishments owned or operated by the applicant
and mail a copy of the notice by certified mail and regular mei|,
postage pnepa|d, addressed to the applicant at the address that
appear on the latest application. The Ncdima of Revocation shall
state the basis for revocation and include o copy of this Section.
The applicant may submit to the City Clerk request for a hearing
not later than 10 days of the d4bm of the Notice of Revocation. The
request must be made in writing. If the applicant fails to request a
hearing within 10 days of the date of the Notice of Revnnatinn, the
revocation shall befinal.
C. |f the applicant submits o timely request for ahearing,
the Director shall schedule the hearing to occur not later than 25
days after receiving the request. Notice nf the time and place ofthe
hearing shall be given to the applicant by personal oomioe or via
certified mail and regular mail, postage prepaid, at least 15 days in
advance nf the date set for the hearing.
D. The Director oho|| conduct the hearing and receive
oral testimony and other evidence. The Director shall not babound
by the statutory m|ay of evidence in the conduct of the heohng,
except that hearsay evidence may not be the ou|e basis for not
revoking background check approval.
E. The Director shall make his or her determination
based upon the evidence presented in the record of the hearing
and within 15 days of the conclusion of the hearing. The decision
shall be in vvhUng and shall contain written findings of fact and the
Directors conclusions. The Dinecto/a decision ohoU be served
upon the applicant by personal aemima or via certified and regular
mail, postage prepaid sent to the address of the applicant
0
Ordinance Number 1630
contained im the application. The decision shall bo effective upon
personal service or, if service is by me|. then 2 business days
following deposit with the United States Postal Service.
5.45-1100 Appeals.
A. Any decision by the Dinaubur to deny or revoke
background check approval or renewal may be appealed by the
applicant in accordance with this Section. The appeal must befi|md
in writing with the City Clerk not later than 10 days following the
data of the notice of the determination. The written appeal must
specify the basis for the appeal and the action voquamtod. If no
such appeal io timely filed, the decision of the Director shall befinal.
B. If the applicant submits a timely written appeal, the
City Manager shall schedule o hearing on the appeal to occur not
later than 25 days after receiving the appeal. Notice of the time
and place of the hearing shall be given 0o the applicant bypersonal
a*mioe or via certified mail and regular moi|, postage prepaid. at
least 15 days in advance of the date set for the hearing.
C. The hearing on the appeal shall bedonovo. The City
Manager, or his or her designee, shall act aathe Hearing Officer
and shall receive ono| testimony and other evidence. The Hearing
Officer shall not be bound by the statutory m|oa of evidence in the
conduct of the heahng, except that hearsay evidence may not be
the sole basis for revoking background check approval.
D. The Hearing Officer shall make his or her
determination based upon the evidence presented in the record of
the hearing and within 15 days of the conclusion of the hearing.
The decision shall be in writing and shall contain written findings nf
fact and his or her conclusions. The Hearing Officer's decision
shall be served upon the appellant by personal aowite or vim
certified and regular mail, postage prepaid sent to the address cf
the applicant contained in the application. The Hearing Dffioe/s
decision shall be effective upon personal service ur, if service is by
mail, then 2 business days following deposit with the United States
Postal Service. The decision shall bu final and conclusive and shall
not be appealable 0o the City Council.
5.45.110 K8mmaage Establishment Operating Requirements.
Each massage establishment must comply with the following
operational requirements in addition to any other applicable rules or
regulations under federal, state, or local law.
A. The California Massage Therapy Council Certificate
and photographs for each person providing massage services at
the massage establishment must bedisplayed prominently on the
premises in o location that can be readily viewed by customers or
City representatives.
B. A list uf all persons providing massage services atthe
esbabUmhmoni, including each person's full 1muo name and other
names uaad, photoQnoph, and madifioaha from the California
Massage Therapy Council must be provided to the Director. Any
changes to the persons providing massage man/ioam must be
reported to the Director within 1D working days of such change.
��
Ordinance Number 1630
C. A list ofthe oandmas provided to the public and the
prices and minimum lengths for each must be available to the
public ina conspicuous location nn the premises.
D. Each massage establishment must keep a written
record of the data and hour of each mmooago, the name and
mddnaaa of each cuaLnmar, the name of the state certified massage
professional administering the massage and the type of massage
administered. The records must be maintained for a period of 2
years. Only those offidm|o who are charged with enforcement of
this Chapter shall inspect these records and no information shall be
used for any purpose other than enforcement of this Chapter. No
massage establishment owner nr employee shall utilize the records
in any manner unrelated to enforcement of this Chapter.
E. Each massage establishment must be equipped at all
times with an adequate supply of clean, sanitary towels, coverings,
and linens. Clean towels, coverings, and linens must bestored in
cabinets. Towels and linens must not be used on more than one
customer or client, unless they have first been laundered and
disinfected. Disposable towels and coverings must not bn used un
more than one customer orclient. Soiled linens and paper towels
must be deposited in separate, approved receptacles.
F. Adequate ventilation and lighting must be provided
throughout the premises. Ventilation must be in accordance with
Uniform Building Coda Section 1105. Lighting must be in
accordance with National Electric Code Article 320; and at least
one artificial light ofnot less than 40 watts must be operative in
each room or enclosure designated for massage.
G. At least one separate wash bamm, providing soap or
detergent and hot and cold running water, must be provided at all
times for the use of employees. Such basin shall be located within
or as dose as practicable 0o the area devoted to performing of
massage services. Sanitary towels shall be provided aL each basin.
H. Each room or area in which massage is practiced
must have a (ob|o designed and manufactured for medical or
massage uses. No mattresses or beds are allowed. Massage
tables must be covered with pads made of durable washable plastic
or other waterproof material acceptable to the Health Officer.
|. All wet heat vuoms, dry heat rnnms, steam mnma,
vapor rooms, shovmam, bathrnomm, cabinet nooms, and pools must
be thoroughly cleaned and disinfected with a disinfectant approved
by the Health Department as often as needod, but not less than
once each day the premises are open. Bathtubs must be
thoroughly cleaned with disinfectant approved by the Health
Department after each use.
J. The walls, ceilings, Ooors, and other physical facilities
of the massage establishment must be maintained in good repair
and ina clean and sanitary condition at all times.
K. Instruments utilized in performing massage must not
be used on more than one customer un|ama they have been
properly sterilized between uses. Adequate equipment for
disinfecting and sterilizing instruments used in performing the acts
uf massage must be provided nn the premises.
in
Ordinance Number 163D
L. Two or more ouebmxans may be provided massage
nenioew in a single room only if a state certified massage
professional is present in the room at all times with the nuohzmona.
No parsons other than those receiving a memmage, parents or
guardians of o minor who is receiving a maooage, and those
administering o nnaanaga shall enter orremain within a room vvhemu
a massage im being given takes place.
M. No person shall engage in any of the following sexual
activities on the premises of the massage establishment: fondling
or other erotic touching of specified anatomical areas; sex mots
including, without limitation, intercourse, oral copulation, orsodomy;
or masturbation.
N. No mwnar, amp|oyea, or independent contractor ofa
massage establishment shall expose his or her specified
anatomical areas in the presence of any customer or guest ormake
intentional physical contact with the specified anatomical areas of
any customer orguest.
D. Each customer's genitals must bn fully covered at all
Umeo. No person shall massage the genitals of any customer. No
person shall massage any female customer whose breasts are not
covered by a sheet or other opaque clothing. No person shall
massage any female customer's breasts.
R All employees must be dressed in dmen, opaque
outer garments covering the body from knee to nauk, excepting
hands and arms, at all times while on the premises.
O. Each employee must be provided individual lockers
on the premises of the massage establishment.
R. No person shall entar, be, or remain in any part ofo
massage establishment while in the possession uC consuming or
using alcoholic beverages or controlled aubntenoan, except
pursuant to o prescription for medication. The owner, opanator,
responsible managing emp|oyee, or manager must not allow any
person in violation of this subsection to enter or remain upon the
premises.
S. No massage establishment shall operate as a school
of massage or use the same facilities as those of o school of
massage.
T. No monooga establishment shall p|ace, publish or
disthbuhs, or so direct orpermit, any advertising matter that depicts
any specified anatomical areas.
U. All exterior doors ehmU remain unlocked during
business hours from the interior side except when no staff is
available to ensure the oaouhhy of dionhn and massage staff who
are behind closed doors.
5.45.120 Inspection wfMassage Establishments.
A. Prior ho first operating e massage establishment, the
owner oroperator must: (1) notify and cause the Health Officer to
inspect the premises to ensure compliance with all applicable
h*u|Qh |owm and issue o report; and (2) submit a copy of the report
to Director.
B. The Health Officer and every person authorized
pursuant to this Code to enforce this Chapter shall each have the
right to periodically enter and inspect any massage establishment
for the purpose of ensuring compliance with all applicable laws and
Section 2. Any person who has ovalid, current City—issued massage
technician permit amofthe date that this Ordinance is adopted shall be doomed
to be a State Certified W1aaoego Professional for purposes of the regulations
enacted by this Ordinance until June 30. 2014 and so long as he or she
otherwise complies with all provisions of the regulations enacted by this
Ordinance that apply to the pnaodmy of massage and operation of massage
establishments. No City—issued massage technician permit shall be valid or
recognized after June 3O,2014.
Section 3. Table 11.210.010 of the Seal Beach Municipal Coda is
hereby amended as follows:
TABLE 11'2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LCIRMD PO GC I Additional
Lr!!] �sc ,_�_i�guiations
uomnmercia/ use /
Automobile Service
Stations/Vehicle
See Section
Service and Repair,
11.4.05.035
Minor
Washing
Large Vehicle
Sales, Services and
Rental
Bakery
L4
L-4
L-4
L-4
Banks and Other
Institutions
With Drive-Through
C
See Section
Facilities
11.4.05.050
Machines (A TMs)
11.4.05.030
Building Materials
and Services
Commercial
Recreation
Day Spa/Sp
3_G
RG
RG
&46,-Massage
EstablishmepAs
Eating and Drinking
Establishments
Dessert Shop
L-6
Restaurants, Fast
C
C
SE
Ordinance Number 1630
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
M
GClRMD
PO
I1I'!1%!31j;1
SC
GC
Additional
Regulations
Commercial Use Types
(Continued)
Food
11.4.05.050
Restaurants, Full
P, C
P, C
P, C
See Section
Service
11.4.05.015
Restaurants,
P
P
P
See Section
Limited Service
11.4.05.015
Restaurants, Take
P
A
A
Out Only
With Drive-Through
C
C
See Section
Facilities
11.4.05.050
With Outdoor
A, C
A, C
A, C
See Section
Eating Areas
11.4.05.090
Day gpa�Spa
C
G
G
See Chapter
5.45, Massage
Establ'shrneRtG
Extended Hour
C
C
C
See Section
Business
11.4.05.055
Food and Beverage
Sales
Catering Services
P
Convenience
P, C
P, c
See Section
Market
11.4.05.015
General Market
. ... . .....
P, C
P, C
P, C
See Section
11.4.05,015
Liquor Stores
C
C
C
See Section
11.4.05.070
Funeral Parlors and
P
Mortuaries
Home Improvement
See Sections
Sales and Services
C
11,4.05.090 and
11.4.05,140
Hotels and Motels
C
Kennel
C
C
Kiosks
A
A
See Section
11.4.05.065
Laboratories
P
L- 2, L-
P
P
3
Maintenance and
P
P
P
Repair Services
See Chapter
Massage
P P
L-2, L-
P
P
5.45, Massage
Establishment
3 C.
G
C.
and Massage
Establishments
Offices, Business
P P
L-2, L-
P
P
and Professional
3
Walk-in Clientele
P P
L-2, 3 L-
P
P
Offices, Medical
P P
L-2, L-
P
P
and Dental
3
Parking Facilities,
__
C
See Chapter
Commercial
11.4.20
Personal
P P
L-2
P
P
M
Ordinance Number 1630
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
Section 4. Section 11.6.05.010 of the Municipal Code is hereby
amended by the addition of a definition of "Massage Establishment' to read as
follows:
"Massage Establishment: any establishment having a fixed place of
business where any person engages in, conducts, or carries on, or
so permits, the commercial practice of massage. See also Chapter
5.45, Massage and Massage Establishments."
Section 5. The definition of "Personal Services" in Section 11.6.05.010
of the Municipal Code is hereby amended as follows:
"Personal Services: establishments providing non-medical services
to individuals as a primary use. Examples of these uses include:
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
INN
LCIRMD
PO
MSSP
S C
C1
GC Additional
Regulations
Commercial Use Types
IMPFOYernent
SeFYiGe
(Continued)
Massage,
esry
A esse
A
A
L 2, L
PA PA
3-A
See Chapte
Massage
€ stablishments
Personal Services
P
P
P P P
Massage, .
,
Aec-e
A
L-2 L
X PA PA
A
See Chapte
6.45, Mass
Estate lishmeRtS
Retail Sales
P
P P P
See Section
111.4.05.090
Large Format
P P
See Section
11.4.05.140
Tattoo
C
See Chapter
Establishments
11.4.65
Theaters
C C
Other Applicable Use Regulations
Accessory Use
See Section 11.4.05.010: Accessory Business Uses and
Activities
Nonconforming Use
See Chapter 11.4,40: Nonconforming Uses, Structures,
and Lots
Temporary Use
See Chapter 11.5,25: Director Determinations
L-1 Permitted if an existing use; new uses are prohibited. See Chapter
11.4.40: Nonconforming Uses, Structures, and Lots
L-2 Not allowed on the ground floor along Main Street without a
Conditional Use Permit; allowed on side streets as a permitted use
If on the ground floor along Main Street permitted if an existing use;
L-3 new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses,
Structures, and Lots
L-4 Bakery production sold at retail on premise
L-5 Permitted use if less than 1,000 square feet and less than 10 seats
L-6 Minor Use Permit required if 1,000 square feet or more and 10 seats or
more
Section 4. Section 11.6.05.010 of the Municipal Code is hereby
amended by the addition of a definition of "Massage Establishment' to read as
follows:
"Massage Establishment: any establishment having a fixed place of
business where any person engages in, conducts, or carries on, or
so permits, the commercial practice of massage. See also Chapter
5.45, Massage and Massage Establishments."
Section 5. The definition of "Personal Services" in Section 11.6.05.010
of the Municipal Code is hereby amended as follows:
"Personal Services: establishments providing non-medical services
to individuals as a primary use. Examples of these uses include:
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
INN
Ordinance Number 1630
• home electronics and small appliance repair
• Laundromats (self - service laundries)
. massage (licensed therapeutic, n sexual)
• personal fitness training
• pet grooming with no boarding
• shoe repair shops
• tailors
• tanning salons
These uses may also include accessory retail sales of products
related to the services provided."
Section 6. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Section 7. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the 22nd day of July 2013.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 8th day of July , 2013 and was passed, approved and adopted by the
City Council at a regular meeting held on the 22nd day of July 2013
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1627 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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